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Government Gazette

OF THE STATE OF

NEW SOUTH WALES

PART 1

Week No. 22/2004 Friday, 28 May 2004 Published under authority by cmSolutions Containing numbers 88, 89 and 90 Units 5, Block V, Regents Park Industrial Estate Pages 3135 – 3218 391 Park Road, REGENTS PARK 2143 Phone: 9743 8777 Fax: 9743 8203 Email: [email protected] CONTENTS

PART 1 cmSolutions Numbers 88 Attention Advertisers . . . SPECIAL SUPPLEMENT Rural Lands Protection Act 1998 ...... 3135 Government Gazette inquiry times are: Monday to Friday: 8.00 am to 4.30 pm Numbers 89 Phone: (02) 9743 8777; Fax: (02) 9743 8203 SPECIAL SUPPLEMENT Email: Gene Technology (GM Crop Moratorium) Act 2003 ... 3143 [email protected] Numbers 90 GOVERNMENT GAZETTE SPECIAL SUPPLEMENT Local Government Act 1993 ...... 3165 DEADLINES Close of business every Wednesday Except when a holiday falls on a Friday, deadlines will be altered as per advice given on this page.

Please Note: FREEDOM OF IMFORMATION ACT 1989 Summary of Affairs Government and Local Government Departments Summary of Affairs deadline for June 2004 is the 18th June 2004. The Freedom of Information is a separately bound book to the Government Gazette and the deadline needs to be met.

You can arrange to have a copy of the NSW Government Gazette delivered each week by telephoning Lorraine Vass on 9743 8777

This space is now available for advertising For further information please contact: Peter Kindleysides or Denis Helm on Telephone: 9743 8777 Fax: 9743 8203

SEE the CMS Web Site at www.cms.dpws.nsw.gov.au 3135

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 88 Friday, 21 May 2004 Published under authority by the Government Printing Service

SPECIAL SUPPLEMENT

RURAL LANDS PROTECTION ACT 1998 Section 140J Approval of Transported Stock Statements I, RICHARD FREDERICK SHELDRAKE, Director-General of the New South Wales Department of Agriculture, hereby approve, for the purposes of Section 140J(2) of the Rural Lands Protection Act 1998, the attached form marked “National Vendor Declaration (Goats) and Waybill” as a transported stock statement. Signed this 12th day of May 2004. R. F. SHELDRAKE, Director-General 3136 SPECIAL SUPPLEMENT 21 May 2004 21 May 2004 SPECIAL SUPPLEMENT 3137

STOCK DISEASES ACT 1923

Notification No. 1785

Footrot Protected and Protected (Control) Areas

I, IAN MACDONALD MLC, NSW Minister for Primary Industries, pursuant to Section 11A of the Stock Diseases Act 1923 (“the Act”):

(a) revoke Stock Diseases Notification No. 1782 published in Government Gazette No. 198 of 24 December 2003 at pages 11690, and any other previous Notifications declaring lands as footrot protected areas or protected (control) areas.

(b) declare the lands described in Schedule A to be protected areas as regards the disease footrot in sheep and goats. (Those lands are referred to as “Footrot Protected Areas”, and are represented generally on the map titled “NSW Footrot Areas April 2004”).

(c) declare the lands in Schedule B to be protected (control) areas as regards the disease footrot in sheep and goats. (Those lands are referred to as “Footrot Protected (Control) Areas”, and are represented generally on the map titled “NSW Footrot Areas April 2004”).

(d) prohibit a person from moving sheep or goats into any protected area or protected (control) area referred to in paragraphs (b) and (c), unless:

(i) the sheep or goats are moved in accordance with a permit under section 7(6) of the Act; or

(ii) the sheep or goats are moved in accordance with an order under section 8(1)(b) of the Act; or

(iii) all the requirements of section 20C(3) of the Act have been satisfied; or

(iv) the sheep or goats are not infected with footrot and one or more of the following conditions are satisfied: � the sheep or goats are transported in a vehicle from any protected area referred to in paragraph (b) directly to any other protected area referred to in paragraph (b); � the sheep or goats are transported in a vehicle from any protected (control) area referred to in paragraph (c) directly to any other protected (control) area referred to in paragraph (c); and � the sheep or goats are accompanied by a completed Owner/Vendor Declaration of Footrot Freedom form, as approved by the Chief, Division of Animal Industries (“the declaration”), and that declaration is given to the person to whom the sheep or goats are delivered.

(e) Unless otherwise specified, in this Notification a reference to a Rural Lands Protection District includes all land in that district, and a reference to a Division or part of a Division of a Rural Lands Protection District includes all land in that Division or part of a Division. Rural Lands Protection Districts are established under the Rural Lands Protection Act 1998.

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SCHEDULE A

NSW FOOTROT PROTECTED AREAS

North East Footrot Protected Area The Rural Lands Protection Districts of Casino, Grafton, Kempsey and Tweed/Lismore.

New England Footrot Protected Area Divisions A, B, C, D, I, and J of the Northern New England Rural Lands Protection District.

North West Footrot Protected Area The Rural Lands Protection Districts of Moree, Narrabri, Northern Slopes, and Tamworth.

Orana Footrot Protected Area The Rural Lands Protection Districts of Coonabarabran, Coonamble, Dubbo, Mudgee/Merriwa, Nyngan and Walgett.

Central West Footrot Protected Area The Rural Lands Protection Districts of Condobolin, Forbes, Molong, Division A of the Central Tablelands Rural Lands Protection District, and Division A, and the parts of Divisions B and C of the Young Rural Lands Protection District west of a line commencing at the point on the boundary between the Young and the Forbes Rural Lands Protection Districts being the western boundary of the Henry Lawson Way, thence by the western boundary of the Henry Lawson Way south to the town of Young to the point where it meets the western boundary of the Olympic Way, thence south along the western boundary of the Olympic Way to the point where it meets the boundary of the Young and Gundagai Rural Lands Protection Districts.

Hunter Footrot Protected Area The Rural Lands Protection Districts of Gloucester, Hunter, and Maitland.

South East Footrot Protected Area The Rural Lands Protection Districts of Bombala, Cooma, Moss Vale, South Coast, and Divisions A, C and D of the Goulburn Rural Lands Protection District.

Riverina Footrot Protected Area The Rural Lands Protection Districts of Hay, Riverina, and Narrandera, and Divisions A, B and C of the Murray Rural Lands Protection District, and Divisions A and B of the Wagga Wagga Rural Lands Protection District, and Division A, and the parts of Divisions C and D that are within the Kosciuszko National Park, of the Gundagai Rural Lands Protection District, and the part of Division F that is within the Kosciuszko National Park, of the Hume Rural Lands Protection Board.

Western Division Footrot Protected Area The Rural Lands Protection Districts of Balranald, Bourke, Brewarrina, Broken Hill, Cobar, Hillston, Milparinka, Wanaaring, Wentworth and Wilcannia.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 3138 SPECIAL SUPPLEMENT 21 May 2004 21 May 2004 SPECIAL SUPPLEMENT 3139

SCHEDULE B

NSW FOOTROT PROTECTED (CONTROL) AREAS

New England Footrot Protected (Control) Area The Armidale Rural Lands Protection District, and Divisions E, F, G, and H of the Northern New England Rural Lands Protection District.

Central West Footrot Protected (Control) Area Divisions B, C, D, E, F, G and H of Central Tablelands Rural Lands Protection District, and Division D, and the parts of Divisions B and C of the Young Rural Lands Protection District east of a line commencing at the point on the boundary between the Young and the Forbes Rural Lands Protection Districts being the western boundary of the Henry Lawson Way, thence by the western boundary of the Henry Lawson Way south to the town of Young to the point where it meets the western boundary of the Olympic Way, thence south along the western boundary of the Olympic Way to the point where it meets the boundary of the Young and Gundagai Rural Lands Protection Districts.

South East Footrot Protected (Control) Area The Rural Lands Protection Districts of Braidwood, Yass, and Division B of the Goulburn Rural Lands Protection District.

Riverina Footrot Protected (Control) Area Division D of the Murray Rural Lands Protection District, Divisions C and D of the Wagga Wagga Rural Lands Protection District, Division B, and the parts of Divisions C and D that are not within the Kosciuszko National Park, of the Gundagai Rural Lands Protection District, and. Divisions A, B, C, D, E, G and H, and the part of Division F that is not within the Kosciuszko National Park, of the Hume Rural Lands Protection District.

Notes It is an offence under section 20H(1)(a) to contravene a provision of this Notification. Maximum penalty for such an offence is $11,000. A protected (Control) Area is an area with a moderate prevalence of a disease (section 11A(1) of the Act). This is different to a Protected Area, where there is a lower prevalence of a disease (section 11A(1B) of the Act). A map of the Protected Area and the Protected (Control) Area with respect to Footrot in Sheep and Goats is published on the NSW Department of Agriculture internet web site at http://www.agric.nsw.gov.au/reader/12105 A person who receives a completed Declaration form is advised to retain it as evidence of compliance with this Notification. Notification No. 1785 is the NSW Department of Agriculture's reference. For further information, contact the NSW Department of Agriculture on (02) 63913248.

Dated this 14th day of May 2004.

IAN MACDONALD MLC NSW MINISTER FOR PRIMARY INDUSTRIES

NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 3138 SPECIAL SUPPLEMENT 21 May 2004 21 May 2004 SPECIAL SUPPLEMENT 3139

NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 3140 SPECIAL SUPPLEMENT 21 May 2004 21 May 2004 SPECIAL SUPPLEMENT 3141 � ��

NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 3140 SPECIAL SUPPLEMENT 21 May 2004 21 May 2004 SPECIAL SUPPLEMENT 3141 ��    ��

NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 3142 SPECIAL SUPPLEMENT 21 May 2004

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 88 3143

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 89 Tuesday, 25th May 2004 Published under authority by cmSolutions

Gene TechnologySPECIAL (GM SUPPLEMENT Crop Moratorium) Act 2003 Gene Technology (GM Crop Moratorium) Act 2003 Gene TechnologyExemption (GM OrderCrop Moratorium) Number 4 Act 2003 Exemption Order Number 4 Exemption Order Number 4 I, IAN MACDONALD, Minister for Primary Industries, pursuant to Section 8 of the GeneI, IAN Technology MACDONALD, (GM Crop Minister Moratorium) for Primary Act Industries,2003, confer pursuant the exemptions to Section specified 8 of the in Schedule 2 from the operation of the moratorium order specified in Schedule 1. I,Gene IAN Technology MACDONALD, (GM Crop Minister Moratorium) for Primary Act Industries, 2003, confer pursuant the exemptions to Section specified 8 of the Genein Schedule Technology 2 from (GM the operationCrop Moratorium) of the mo ratoriumAct 2003 order, confer specified the exemptions in Schedule specified 1. in Schedule 2 from the operation of the moratorium order specified in Schedule 1. Schedule 1 Moratorium order in respectSchedule of which 1 these exemptions are Moratorium order in respectScheduleconferred of which 1 these exemptions are Moratorium order in respectconferred of which these exemptions are Moratorium Order Number 1 made conferred on 22 July 2003 (the moratorium order) in respectMoratorium of GM Order canol a Number of the species 1 made Brassica on 22 napus July 2003, common (the namemoratorium canola, tolerant order) to in therespect herbicide of GM glufosinate canola of theammonium species Brassica due to geneticnapus, commonmodification name which canola, are tolerant derived to fromMoratorium the lines Order defined Number in the applicati 1 made ons on under 22 July Section 2003 40 (the of themoratorium Commonwealth order )Act in respectthe herbicide of GM glufosinatecanola of the ammonium species Brassica due to napusgenetic, common modification name whichcanola, are tolerant derived to designatedfrom the lines DIR010/2001 defined in andthe applicatiDIR021/2002ons under made Section to the 40Gene of the Technology Commonwealth Regulator Act andthe furtherherbicide particularised glufosinate inammonium the moratorium due to order. genetic modification which are derived fromdesignated the lines DIR010/2001 defined in theand applicati DIR021/2002ons under made Section to the 40 Gene of the Technology Commonwealth Regulator Act designatedand further DIR010/2001particularised andin the DIR021/2002 moratorium order.made to the Gene Technology Regulator and further particularised in the moratorium order. Schedule 2 ExemptionSchedule conferred 2 ExemptionSchedule conferred 2 1. Expressions in this exemptionExemption order conferred that are defined in Schedule 3 have the 1. meaningExpressions set out in in this Schedule exemption 3. order that are defined in Schedule 3 have the meaning set out in Schedule 3. 2.1. ExemptExpressions person: in this Bayer exemption CropScience order Pty that Ltd. are defined in Schedule 3 have the meaning set out in Schedule 3. 2. Exempt person: Bayer CropScience Pty Ltd. 3. Exempt cultivation: The cultivation of GM canola in research trials in 2. Exempt person: Bayer CropScience Pty Ltd. 3. accordanceExempt cultivation: with the following The cultivation conditions. of GM canola in research trials in 3. Exemptaccordance cultivation: with the following The cultivation conditions. of GM canola in research trials in Conditionsaccordance subject with the followingto which conditions. exempt cultivation may take place. Conditions subject to which exempt cultivation may take place. 4. The exempt cultivation must be undertaken by the exempt person. Conditions subject to which exempt cultivation may take place. 4. The exempt cultivation must be undertaken by the exempt person. 5. The exempt person must, at all times, be an accredited organisation. 4. The exempt cultivation must be undertaken by the exempt person. 5. The exempt person must, at all times, be an accredited organisation. 6. The GM canola must be planted before 31 July 2004. 5. The exempt person must, at all times, be an accredited organisation. 6. The GM canola must be planted before 31 July 2004. 6. The GM canola must be planted before 31 July 2004. Gene Technology (GM Crop Moratorium) Act 2003

Exemption Order Number 4

I, IAN MACDONALD, Minister for Primary Industries, pursuant to Section 8 of the Gene Technology (GM Crop Moratorium) Act 2003, confer the exemptions specified in Schedule 2 from the operation of the moratorium order specified in Schedule 1.

Schedule 1 Moratorium order in respect of which these exemptions are conferred

Moratorium Order Number 1 made on 22 July 2003 (the moratorium order) in respect of GM canola of the species Brassica napus, common name canola, tolerant to the herbicide glufosinate ammonium due to genetic modification which are derived from the lines defined in the applications under Section 40 of the Commonwealth Act designated DIR010/2001 and DIR021/2002 made to the Gene Technology Regulator and further particularised in the moratorium order.

Schedule 2 Exemption conferred

1. Expressions in this exemption order that are defined in Schedule 3 have the meaning set out in Schedule 3.

2. Exempt person: Bayer CropScience Pty Ltd.

3. Exempt cultivation: The cultivation of GM canola in research trials in 3144 accordance with the followingSPECIAL conditions. SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3145

Conditions subject to which exempt cultivation may take place.

4. The exempt cultivation must be undertaken by the exempt person.

5. The exempt person must, at all times, be an accredited organisation.

6. The GM canola must be planted before 31 July 2004.

Location of planting: 7. The GM canola must be planted within the site.

Informing people of their obligations: 8. The exempt person must inform any personnel engaged in exempt cultivation of the obligations imposed on it under the conditions of this exemption order.

9. The exempt person must, on request by the Director General, provide evidence in writing to the Director General’s satisfaction, of the exempt person’s compliance with clause 8.

Control of location: 10. The exempt person must have access to and control of the site or other area used to carry out activities in connection with the exempt cultivation to the extent necessary to comply with the conditions of this exemption order.

11. The exempt person must, on request by the Director General, provide evidence in writing to the Director General’s satisfaction, of the exempt person’s ability to access and control the site or other area used to carry out activities in connection with the exempt cultivation.

Notification: 12. The exempt person must notify the Director General in writing of the: 12.1 date of planting of the GM canola within 7 days of planting; 12.2 forecasted date of flowering of the GM canola not more than 20 days and not less than 7 days before the forecasted date of flowering; and 12.3 forecasted date of harvesting of the GM canola not more than 20 days and not less than 7 days before the forecasted date of harvesting.

13. The exempt person must, before planting GM canola notify neighbours of the date of planting and the location of the site.

Planting: 14. The exempt person must, within 30 days of the commencement of this order, provide evidence in writing to the Director General’s satisfaction of the measures to be undertaken to clean planting equipment following planting of GM canola at the site.

15. The exempt person must, after planting GM canola, clean any equipment involved in planting the GM canola. Planting equipment must be cleaned in a manner consistent with the measures notified to the Director General under clause 14.

Buffer zones: 16. A buffer zone of at least 50 metres must extend in all directions from the edge of the site.NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 Location of planting: 7. The GM canola must be planted within the site.

Informing people of their obligations: 8. The exempt person must inform any personnel engaged in exempt cultivation of the obligations imposed on it under the conditions of this exemption order.

9. The exempt person must, on request by the Director General, provide evidence in writing to the Director General’s satisfaction, of the exempt person’s compliance with clause 8.

13. The exempt person must, before planting GM canola notify neighbours of the date of planting and the location of the site.

15. The exempt person must, after planting GM canola, clean any equipment involved in planting the GM canola. Planting equipment must be cleaned in a 3144 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 manner consistent withSPECIAL the measures SUPPLEMENT notified to the Director General under 3145 clause 14.

Buffer zones: 16. A buffer zone of at least 50 metres must extend in all directions from the edge of the site.

17. The buffer zone must be inspected for the presence of Brassica plants at least once every 35 days commencing 14 days before the forecasted flowering of the GM canola at the site and concluding when flowering of the GM canola at the site ceases.

18. If the exempt person becomes aware of Brassica plants in the buffer zone during the growth of the GM canola the exempt person must, before seed set of the GM canola or Brassica plants, destroy the Brassica plants or the GM canola at the site.

19. The exempt person must keep records of inspections during the period referred to in clause 17 and make a copy of any such records available to the Director General within 7 days of a request by the Director General. Details in the records must include: 19.1 date of inspection; 19.2 name of the inspector and their contact details; 19.3 species and number of Brassica plants detected in the buffer zone; 19.4 developmental state of any Brassica plants detected in the buffer zone; and 19.5 details of the date and method of destruction of the GM canola at the site or any Brassica plant in the buffer zone.

Harvest and transportation of GM canola: 20. The exempt person must, within 30 days of the commencement of this order, provide evidence in writing to the Director General’s satisfaction of the measures to be undertaken to clean harvesting equipment following harvest of GM canola at the site.

21. The exempt person must harvest the GM canola at the site if the plants are not destroyed before seed set.

22. The exempt person must, after harvesting the GM canola, clean any equipment used to harvest, in a manner consistent with the measures notified to the Director General under clause 20.

23. The exempt person must, immediately following harvest of the GM canola or as soon as is reasonably practicable following harvest of the GM canola: 23.1 store the seed harvested from the site in a locked, sealed container marked “Genetically Modified (GM) canola seed”; or 23.2 render the GM canola unviable by autoclaving or destroy it by burning; or 23.3 transport the GM canola to a location outside NSW in accordance with clause 26.

24. If the container referred to in clause 23.1 cannot be locked, the container must be stored within a locked facility that has a sign on it indicating that “Genetically Modified (GM) canola seed” is stored within the facility.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3146 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3147

25. If the GM canola is removed from storage it must be: 25.1 rendered unviable by autoclaving or destroyed by burning; or 25.2 transported to a location outside NSW in accordance with clause 26; or 25.3 planted in accordance with an exemption order under the Gene Technology (GM Crop Moratorium) Act 2003 (NSW).

26. GM canola may only be transported in an unbreakable and sealed container marked “Genetically Modified (GM) canola” with the contact details of the exempt person clearly marked on the container. If the primary container is a bag then the bag must be placed in an unbreakable, sealed secondary container with the contact details of the exempt person clearly marked on the container.

Cleaning: 27. The exempt person must, within 30 days of the commencement of this order, provide evidence in writing to the Director General’s satisfaction of the measures to be undertaken to clean equipment used to transport GM canola from the site.

28. The exempt person must, after transporting GM canola clean any equipment used to transport the GM canola in a manner consistent with the measures notified to the Director General under clause 27.

Conditions relating to subsequent use of site: 29. The exempt person must, within 3 months of harvest, or after rain, lightly till the site under conditions when germination of any canola seed is likely.

30. Grazing at the site is prohibited unless tillage as described in clause 29 and germination of canola seed has occurred.

31. Deep cultivation of the site (ie to a depth of greater than 50 millimetres) is prohibited in the 12 months following harvest.

32. After the harvest or destruction of GM canola at the site no Brassica plants may be planted at the site before 3 March 2006 except where authorised in writing by the Director General.

33. The exempt person must ensure that a crop planted at the site in accordance with clause 32 allows herbicide control of volunteer plants as required in clause 36.

34. The exempt person must after harvest or destruction of the GM canola inspect the site for the presence of volunteer plants until 3 March 2006 in accordance with the following: 34.1 From April 1 to September 30 (inclusive) each year the site must be inspected on three separate occasions with each inspection occurring at least 30 days apart; and 34.2 Between October 1 and March 31 (inclusive) each year the site must be inspected at least every 60 days.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3146 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3147

35. The exempt person must keep records of inspections carried out in accordance with clause 34 and make a copy of any such records available to the Director General within 7 days of a request by the Director General. The records must include the following: 35.1 date of inspection; 35.2 name of the inspector and their contact details; 35.3 number of volunteer plants at the site; 35.4 developmental state of any volunteer plants at the site; and 35.5 details of the date and method of destruction of the volunteer plants at the site.

36. The exempt person should, during the post-harvest monitoring period, immediately destroy any volunteer plant at the site.

37. If the total number of volunteer plants at the site exceeds an average of 1 per 50m2 over the area of the site action must be taken by the exempt person to control all volunteer plants on the site before seed set.

Reporting: 38. The exempt person must make available to the Director General any data relating to the trials conducted at the site, including but not limited to the trial design, results of specific experiments or any other results as required by the Director General, within 7 days of a written request.

39. For the purposes of clause 38 the exempt person does not need to provide written details of any data which, in the reasonable opinion of the Director General, is commercially confidential.

40. The exempt person must, within 30 days of the commencement of this order, provide evidence in writing to the Director General’s satisfaction of a proposed communication strategy relating to the trial.

Liability: 41. The exempt person must hold and maintain, and must ensure that all subcontractors are beneficiaries under or otherwise hold and maintain, for the period of the trial and the post-harvest monitoring period, a public liability insurance policy that provides coverage as a minimum: 41.1 in respect of each occurrence, for at least the Australian dollar equivalent of 10 million Euros; and 41.2 for any losses it may incur in connection with the cultivation of GM canola in research trials conducted in accordance with any exemption order made in accordance with the Gene Technology (GM Crop Moratorium) Act 2003.

42. The exempt person must, within 30 days of commencement of this order, provide evidence in writing to the Director General’s satisfaction of insurance policies described in clause 41.

Director General notice: 43. Where in this order the exempt person is required to provide evidence in writing to the Director General, the Director General will notify the exempt person within 21 days if the evidence is not satisfactory.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3148 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3149

Schedule 3 Interpretation

accredited organisation has the meaning in Section 10(1) of the Commonwealth Act.

buffer zone means an area of land surrounding a site that does not contain any Brassica plant.

Brassica plant means plants of the species Brassica rapa, Brassica juncea, and Brassica napus.

canola means plants of the species Brassica napus.

Commonwealth Act means the Gene Technology Act 2000 (Cth).

destroy (or destroyed or destruction as the case requires), means to kill or be killed by one or more of the following methods: � stalk pulling; or � light tillage; or � burning; or � treatment with a herbicide; or � slashing; or � mowing; or � hand weeding.

Note: “as the case requires” has the effect that, depending on the circumstances, one or more of these techniques may not be appropriate. For example, in the case of killing the remains of harvest of the GM canola, treatment of post harvest remains by herbicide would not be a sufficient mechanism.

Director General means the Director General of NSW Agriculture.

equipment includes harvesters, planting equipment, storage equipment, transport equipment, clothing, tools, augers and windrowers.

GM canola means: 1. canola that has been genetically modified to confer tolerance to the herbicide glufosinate ammonium and further defined as lines RF3 and/or MS8 in moratorium order 1; and 2. any canola planted at the site during the term of this order.

light tillage or lightly till means the use of a technique to disturb the soil in an area so as not to bury plant material in the area to a depth of more than 30mm.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3148 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3149

losses means any liability, loss, action, claim, damage, injury, cost, charge, penalty, expense or diminution in value, including: � legal costs and other costs incurred in connection with investigating, defending or settling any action or claim; � those arising from damage or destruction to, or any loss of use of, any property or injury to or death of any person; or � any loss of profit or consequential damage.

neighbour means: � if the site on which the GM canola are growing comprise part of a holding, all occupiers of holdings that are adjacent to that holding; or � if the site on which the GM canola are growing comprise the whole of a holding (the first holding), all occupiers of holdings (second holdings) adjacent to the first holding, and all occupiers of holdings that are adjacent to the second holdings. The terms “holding” and “occupier” have the same meaning as in the Rural Lands Protection Act 1998.

personnel means any officers, employees, agents, contractors, consultants or advisors of the relevant person.

post-harvest monitoring period means the period that the site must be monitored after destruction of the GM canola or after harvest.

site means the area described by the following coordinates, excluding the buffer zone:

Southing Easting North Eastern 35 deg 01’ 58.1” 147 deg 15’ 13.1” North Western 35 deg 01’ 59.5” 147 deg 15’ 20.7” South Eastern 35 deg 02’ 16.5” 147 deg 15’ 10.0” South Western 35 deg 02’ 17.1” 147 deg 15’ 19.0”

Note: 46151 - This site is approximately 10km West of Wagga in Wagga Wagga Shire

volunteer plant means canola growing at the site during the post-harvest monitoring period.

Date: 24th May 2004

IAN MACDONALD MLC MINISTER FOR PRIMARY INDUSTRIES

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3150 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3151

Gene Technology (GM Crop Moratorium) Act 2003

Exemption Order Number 5

Schedule 1 Moratorium order in respect of which these exemptions are conferred

Schedule 2 Exemption conferred

1. Expressions in this exemption order that are defined in Schedule 3 have the meaning set out in Schedule 3.

2. Exempt person: Bayer CropScience Pty Ltd.

3. Exempt cultivation: The cultivation of GM canola in research trials in accordance with the following conditions.

Conditions subject to which exempt cultivation may take place.

4. The exempt cultivation must be undertaken by the exempt person.

5. The exempt person must, at all times, be an accredited organisation.

6. The GM canola must be planted before 31 July 2004.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3150 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3151

Location of planting: 7. The GM canola must be planted within the site.

Informing people of their obligations: 8. The exempt person must inform any personnel engaged in exempt cultivation of the obligations imposed on it under the conditions of this exemption order.

9. The exempt person must, on request by the Director General, provide evidence in writing to the Director General’s satisfaction, of the exempt person’s compliance with clause 8.

13. The exempt person must, before planting GM canola notify neighbours of the date of planting and the location of the site.

Buffer zones: 16. A buffer zone of at least 50 metres must extend in all directions from the edge of the site.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 NEW SOUTH WALES GOVERNMENT GAZETTE No. 89 3152 SPECIAL SUPPLEMENT 25 May 2004 25 May 2004 SPECIAL SUPPLEMENT 3153